Is a Commissioner's failure to prevail against him in a civil case?
MultiRegion, United States of America
The following excerpt is from Jose P. v. Ambach, 669 F.2d 865 (2nd Cir. 1982):
Appellant Commissioner argues that plaintiffs failed to "prevail" against him within the meaning of 42 U.S.C. 1988. This borders on the frivolous in light of the judgment finding the state as well as the city defendants in violation of statutory obligations and ordering them to comply. See, e.g., Holley v. Lavine, 605 F.2d 638, 646 (2d Cir. 1979).
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